4 yearly review of modern awards—Plain language-Standard clauses

[2019] FWC 2984

[2019] FWC 2984

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards—Plain language-Standard clauses
(AM2016/15)

JUSTICE ROSS, PRESIDENT MELBOURNE, 2 MAY 2019

4 yearly review of modern awards – Plain language – plain language light touch – exposure draft update 2.

[1] A Statement issued by the plain language full bench on 28 February 2019 1 (the 28 February Statement) outlined the proposed ‘light touch’ process.

[2] A further Statement was issued on 18 April 2019 2 and was accompanied by an example of an award that had been through the ‘light touch process’. The example is based on the Gardening and Landscaping Services Award exposure draft.

[3] A conference was convened on 29 April 2019 to allow parties the opportunity to comment on the scope of the plain language light touch amendments. A transcript of the conference is available on the Commission’s website.

[4] At the conference, a number of parties sought an opportunity to file written submissions in relation to the Gardening award example and the scope of the light touch process. These submissions should be filed by 4pm on Thursday 9 May 2019. A number of matters which will be implemented in the light touch process have already been determined and hence parties are asked to focus on:

•  Changes in wording that have resulted from an application of the plain language guidelines; and

•  Issues arising from the translation from the plain language re-drafting of the General Retail Industry Award 2010 and other awards that have been included in the plain language project.

[5] Master Builders Australia raised a concern about the timing of the ‘light touch’ process in relation to the Construction group of awards. These awards will not go through the ‘light touch’ process until the substantive issues in respect of those awards have been finalised.

[6] The 28 February Statement also dealt with a number of other matters that had been referred to the plain language full bench and sought submissions in relation to these matters. At the conference on 29 April, the Flight Attendants’ Association of Australia sought an opportunity to make a submission in relation to the shut-down provision. This submission should be filed by 4pm on Friday 3 May 2019. A further statement about these remaining issues will be issued shortly.

[7] All submissions should be sent to [email protected] and will be published on the Commission’s website.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

PR707875

 1   [2019] FWCFB 1255

 2   [2019] FWC 2698